How to Sue Your Attorney for Malpractice

To claim a lawyer's negligence, you must to show that the breach of duty had negative legal, financial or other implications for you. It is not enough to prove that the negligence of your attorney was injurious; you must also show that there is a direct connection between the breach and the undesirable outcome.

Matters of strategy do not be considered legal malpractice, however, if your lawyer fails to file a lawsuit in time and you lose the case, that could be a form of malpractice.

Misuse of Funds

One of the most prevalent types of legal malpractice involves a lawyer's misuse of funds. Lawyers have a fiduciary connection with their clients and are required to behave with the utmost trust and fidelity, particularly when dealing with money or other property that the client has handed over to them.

When a client makes retainer to their lawyer, the lawyer is required to put the money into an separate escrow account that is specifically destined for the purpose of the case only. If the attorney co-mingles the account with their own personal funds, or uses it for any other purpose it is a clear breach of fiduciary responsibility and could be considered legal fraud.

As an example, suppose that a client hires an attorney to represent them in a lawsuit against a driver who hit them as they were walking across the street. The client can prove that the driver was negligent and can demonstrate that the collision caused their injuries. However, their lawyer misses the statute of limitations and is incapable of bringing the case in time. The lawsuit is dismissed and the person who was injured is liable for financial loss as a result of the lawyer's error.

The statute of limitations limit the amount of time you can pursue a lawyer's malpractice. It can be a challenge to calculate when an injury or loss is due to the negligence of the lawyer. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitations and assist you in determining if you have a case that is eligible for a lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails adhere to generally accepted professional standards and results in harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relation the breach of a duty and proximate cause.

Some examples of malpractice are lawyers who mix personal and trust funds, not submitting claims in time to file suit within the timeframes, pursuing cases in which they are not competent, failing to perform a conflict check and not staying up to the latest court proceedings or any recent legal developments that could affect the case. Lawyers are accountable to communicate with their clients in a reasonable way. This does not only include email and faxes but also the ability to return phone calls promptly.

Attorneys are also able to commit fraud. It can be done by lying to the client, or any other person who is involved in the investigation. It is crucial to know the facts so you can determine if the lawyer was dishonest. A violation of the agreement between an attorney and a client is when an attorney decides to take cases outside their area of expertise without advising the client or soliciting independent counsel.

Inability to provide advice

When a client employs an attorney, it indicates that their legal issue has exceeded their skills and experience. They are unable solve the issue on their own. It is the job of the lawyer to advise clients on the merits of a particular case as well as the risks and costs associated with it, and their rights. A lawyer who fails to do this could be held accountable.

Many legal malpractice cases result from poor communication between attorneys and their clients. For instance attorneys may not answer phone calls or fail to inform their clients of a decision made on their behalf. An attorney might also neglect to share important information about an instance or fail to divulge any issues with an transaction.

A client can sue an attorney if they've suffered financial losses as a result of the lawyer's negligence. The losses should be documented. This requires evidence, such as email files and client files, or any other correspondence between an attorney and a customer, as well as bills. In cases of fraud or theft It may be necessary to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys must adhere to the law and be aware of what it means in specific circumstances. If they don't and they don't, they could be found guilty of malpractice. Examples include mixing client funds with their own and using settlement proceeds to pay for personal expenses, and not performing basic due diligence.

Other instances of legal malpractice are failure to file a lawsuit within the statute of limitation or missing deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of interest. This means they must inform clients of any financial or personal interest that could influence their judgment in representing them.

Attorneys are also required to adhere to the instructions of their clients. If a client directs the attorney to take specific actions then the attorney must follow the instructions, unless there's an obvious reason to believe that it is not beneficial or possible.

In order to win a malpractice suit, the plaintiff has to prove that the lawyer violated his duty of care. This can be difficult, since it requires proving the defendant's actions or inaction resulted in damages. It's not enough to show that the result of the attorney's negligence was negative in order for a malpractice claim to be successful, it has to be proved that there is an excellent chance that the plaintiff would have prevailed if the defendant had followed the usual procedure.